As a relatively new journalist, I often feel overwhelmed and helpless. There’s so much wrong that needs righting, so much news that need telling, and so much time and energy wasted in shock and awe because Beyonce-lipsyched-the-national-anthem.

So it is extraordinarily inspiring to realize that one journalist, Alan Schwarz of the New York Times, is responsible for effectuating change in a behemoth as powerful as the NFL. Starting with just basic math that no one took the time to check (or that they chose to ignore), Mr. Schwarz painstakingly analyzed the rate of brain injuries in ex-NFL players, versus the rate in the general population. He wrote story after story.

And the stories led to Congressional hearings, NFL rule changes, and a reworking of our nation’s mindset as we opened our eyes to the true horror story that are concussions.

In this age of cost cutting at every (still extant) newspaper across the country, we’re fortunate to have amongst us dogged investigative reporters like Mr. Schwarz, and his employer, the New York Times.

Back in May, the world was shocked to hear that Junior Seau, former Pro-Bowl linebacker for the NFL, most famous for his time with the San Diego Chargers, had committed suicide.

LASIS has written about the evidence that contact sports are resulting in non-reversible and life threatening brain injuries to players. (see here and here).

Now this: An autopsy has revealed that Mr. Seau had been suffering from chronic traumatic encephalopathy, the brain disease that has been linked to and numerous professional athlete’s homicidal attacks suicides, as well as cases of dementia and other mind altering diseases.

The news is tragic — and did not even make the front page of the major newspapers. For shame.

He also wants to make clear that whatever happens in college football and the NFL is repeated by millions of children in their pee wee and high school leagues. The issue is not merely whether, as a sports fan, you agree with concussion inspired rule changes in the NFL, but whether, as a mom or dad, you’re protecting your child’s future.

As Mr. Nowinski, who grew up loving the sport, says, “If I had a six-year-old playing football I would be freaked out, and rightly so. You’re playing Russian roulette with their future.”

The science of the long-term negative impact of concussions is explained in the film so clearly that even I, a guy who passes out in hospitals, easily understood it. Brain after brain and doctor after doctor point to the same conclusion: Concussions are a very serious problem and the signs of long term damage (most notably Chronic Traumatic Encephalopathy, a degenerative disease that in Nowinski’s words “can make you go crazy”) have been found in even a few teenage athletes. And not just in football. Lacrosse, hockey, and even women’s soccer are also damaging our children’s brains.

So the message is clear. It’s getting the message out that’s the problem.

In early March, a 20-year-old Georgia college student accused Pittsburgh Steelers QB, Ben Roethlisberger of sexually assaulting her at a bar in Milledgeville, GA. After a month-long investigation, Georgia district attorney Fred Bright announced on April 12 that he would not charge Roethlisberger with rape. But while Roethlisberger has managed to avoid criminal charges, he will likely face discipline from either his team or from the NFL.

Under the NFL’s latest iteration of its personal conduct policy implemented in 2007, the league can discipline a player for any “conduct detrimental to the integrity of and public confidence in the National Football League.” According to the policy, this includes “illegal or irresponsible conduct,” and discipline may be imposed for “conduct that undermines or puts at risk the integrity and reputation of the NFL, NFL clubs, or NFL players.” But the League has no set benchmarks by which it measures the length of any suspension it might impose against the conduct from which it resulted.

So, if I’m advising NFL Commissioner Roger Goodell, there are a few things I’m telling him to consider, and thus begins, my open letter…

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About Legal As She Is Spoke

Legal As She Is Spoke is an online project of the Program in Law and Journalism at New York Law School. Our site reports on the state of legal journalism and encourages conversation about the accuracy and felicity of reporting on law. For an explanation of our name, click here.

The Guilty Prosecutor

Last year, LASIS reporter Halina Schiffman-Shilo wrote about her experiences with the UN from Arusha, Tanzania. She's back in the urban jungle now, and is examining human rights abuses here at home, by district attorneys against innocent defendants. Enter, the Guilty Prosecutor.